BILL NUMBER: AB 705	CHAPTERED  10/10/99

	CHAPTER   772
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   SEPTEMBER 1, 1999
	AMENDED IN SENATE   AUGUST 25, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 8, 1999
	AMENDED IN ASSEMBLY   JUNE 1, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Assembly Member Aroner

                        FEBRUARY 24, 1999

   An act to add Section 1596.653 to the Health and Safety Code,
relating to transport escort services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 705, Aroner.  Transport escort services:  registration.
   Existing law does not provide for the registration of transport
escort services, as defined.
   This bill would provide for the regulation of transport escort
services as child care providers under the trustline registry
established by the State Department of Social Services.
Specifically, it would require a transport escort service, defined as
any person, partnership, association, or corporation that accepts
financial compensation or other consideration to accompany or
transport minors who are residents of this state to any residential
facility or institution located outside the state, to first provide
certain information to the minor's parents, custodial parent, or
legal guardian and to verify in writing that the information was
received.  The bill would require the transport escort service to
obtain permission from the minor's parents, custodial parent, or
legal guardian prior to transportation of the minor.  A violation of
the bill's requirements would subject a transport escort service to
civil action and would also be a crime punishable as a misdemeanor by
fine or imprisonment, as specified.  By creating a new crime, the
bill would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1596.653 is added to the Health and Safety
Code, to read:
   1596.653.  (a) It is the intent of the Legislature to protect the
well-being of California children by regulating private individuals
and companies that transport or accompany minors to out-of-state
residential facilities or institutions.
   (b) As used in this section:
   (1) "Transport escort service" means any person, partnership,
association, or corporation that accepts financial compensation or
other consideration to accompany or transport minors who are
residents of California to any residential facility or institution
located outside the state.
   (2) "Minor" means any person under the age of 18 years.
   (3) "Department" means the State Department of Social Services.
   (c) Every transport escort service that accompanies or transports
a minor who is a resident of California to any residential facility
or institution located outside the state, shall first provide the
minor's parents, custodial parent, or legal guardian with all of the
following:
   (1) A description of the child care provider trustline registry
established pursuant to this chapter that provides criminal history
checks on child care providers.
   (2) An explanation of how a parent may obtain more information
about the child care provider trustline registry.
   (3) A statement that a transport escort service is prohibited by
law from transporting or accompanying a minor unless the person or
persons transporting the minor are trustline registered child care
providers.
   (4) An explanation of how the parent may verify the trustline
registration of the transport escort service.
   (5) An explanation of the minor's right to make a complaint to a
child protective agency concerning abusive treatment by the transport
escort service.
   (d) A transport escort service shall not transport or accompany a
minor without obtaining the written permission of the minor's
parents, custodial parent, or legal guardian.
   (e) The transport escort service shall verify in writing that the
minor's parents, custodial parent, or legal guardian has received the
information required under subdivision (c).
   (f) A transport escort service shall not accompany or transport a
minor to any residential facility or institution located outside the
state, unless the person or persons transporting or accompanying the
minor are trustline registered child care providers.
   (g) A minor, parent, or legal guardian claiming to be aggrieved by
a violation of this section by a transport escort service may bring
a civil action for injunctive relief or damages, or both.
   (h) In addition to the remedy provided in subdivision (g), a
violation of this section may be prosecuted as a misdemeanor
punishable by a fine of not less than five hundred dollars ($500) or
more than five thousand dollars ($5,000) as to each person with
respect to whom a violation occurs, or imprisonment in a county jail
for not more than six months.
   (i) This section does not apply to the following:
   (1) The transport of minors by any governmental agency or
employee.
   (2) The transport of minors under the jurisdiction of the juvenile
court.
   (3) The transport of minors by family members or relatives.
   (j) Nothing in this section shall limit any claim for damages or
the issuance of any injunction that a parent or child may assert
against a transport escort service pursuant to any other state or
federal law or regulation.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
